Ballona Wetlands: Litigation Delayed

Marina Del Rey CA

17 February, 2022

6:48 PM

Description

Presumably due to the massive number of documents the State must assemble in its defense against five lawsuits, the Ballona Wetlands Restoration Project litigation has been postponed. A trial setting conference originally scheduled for January 27 was postponed to May 3. The lawsuits have already delayed the Great Park project another year. Our California Department of Fish and Wildlife (CDFW), the restoration proponent and defendant in the litigation, produced thousands of pages of scientific survey and monitoring reports, special technical reports and the massive 1,000-page Environmental Impact Report (EIR). All of these documents comprise the administrative record, which CDFW will use as evidence to defend our EIR and the proposed project. Five separate lawsuits challenging the adequacy of the EIR were ordered consolidated by the L.A. County Superior Court and will be heard as one by the judge, James Chalfant. The plaintiffs must collaborate to prepare a single brief arguing their cases. At the postponed hearing in May, the parties and judge will decide on a schedule for the trial, which starts with both sides submitting written briefs arguing their case and defense. CDFW is represented by the Attorney General of California. The lead plaintiffs suing our state are: - Protect Ballona Wetlands, Wendy Sue Rosen - Defend Ballona Wetlands, Molly Basler and Roy Van De Hoek - Grassroots Coalition, Patricia McPherson and Kathy Knight - Ballona Wetlands Land Trust, Walter Lamb - Ballona Ecosystem Education Project, Patricia McPherson and Kathy Knight The plaintiffs have requested their court costs be reimbursed by California taxpayers. The court usually only grants such financial relief if the plaintiffs prevail in their lawsuits. Both sides should be expected to appeal the judge's decision to the California Court of Appeals if they lose in Superior Court. Altogether the litigation will take around 3-4 years. Meanwhile, the Ballona Wetlands continue to suffer from inaction. References Los Angeles County Superior Court, Department 85, Case Nos. 21STCP00240, 21STCP02237, 21STCV03657, 21STCP00242, 21STCP00237. Author's note on affiliations: Dr. David W. Kay served on the Board of Directors of the non-profit Friends of Ballona Wetlands from 2007 until 2015, and served as Board President in 2012-13. He presently serves on the Board of Ballona Discovery Park in Playa Vista. David is a staunch advocate for the state of California's plans to restore the Ballona Wetlands Ecological Reserve. Since 1984, David has been employed by Southern California Edison Company, exclusively in the company's environmental services organizations. His many responsibilities included restoration of the 440-acre San Dieguito Wetlands near Del Mar. He is presently Senior Manager for Major Project Environmental Management at the company. David earned bachelor and masters degrees in biology and a doctorate in environmental science. See David's Patch Community Contributor profile here.